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A strong blow to radical feminism, Dani Alves free
After 14 months in pretrial detention and a fine of 1,000,000 EUR, he was finally acquitted. Footballer Dani Alves was accused of sexual assault, and despite all the evidence that it was a consensual act, they insisted on his guilt. Leading the campaign against him was Irene Montero, then Minister of Equality, who read the ruling stating that even though the woman danced suggestively and pressed her buttocks against him, as you hear it.
Consent was necessary, which today, thanks to feminist justice, doesn't require a woman to be hurt, violated, or forced. All that's needed is for her to say no, and this is interesting because those commenting now say that if a woman doesn't get what she wants from the situation, it’s enough to deprive a man of his freedom, but now it was three women judges who said that this case was full of flaws and that they uphold his innocence.
In Spain, various laws and reforms have weakened the presumption of innocence, especially in cases where the accused are men, sparking intense debate about the fairness of the judicial system.
Gender Violence Law and Its Impact
Since the approval of the Organic Law on Comprehensive Protection Measures Against Gender Violence in 2004, men accused of gender-based violence face differentiated treatment in courts. In these cases:
The burden of proof is reversed, meaning the accused must prove his innocence instead of the prosecution proving his guilt.
Restraining orders and preventive detentions are immediately granted based solely on the accusation, without sufficient evidence.
"Only Yes Means Yes" Law and the Elimination of Legal Safeguards
The recent Sexual Freedom Law ("Only Yes Means Yes"), passed in 2022, has further complicated the judicial system:
The requirement to prove violence or intimidation in sexual assault cases was removed, making it easier to secure convictions without solid evidence.
Sentences for convicted offenders were reduced, but the law also created a situation where the victim’s statement alone can initiate severe legal proceedings.
Consequences and Criticism
Increase in false accusations: While the government denies this is an issue, some legal experts warn that many accusations are dismissed due to lack of evidence, yet they have already severely impacted the accused's life.
Lack of equality before the law: Special gender violence courts have been established, where men receive harsher sentences than women for the same crimes, violating the principle of equality before the law.
Media-driven cases without evidence: On multiple occasions, men have been socially condemned before any trial, losing their jobs and reputations without a firm conviction.
In conclusion, legal reforms in Spain have eroded the presumption of innocence, turning the accused man into a guilty party from the start of the process. This has led to criticism about the politicization of justice and the creation of a biased system that endangers fundamental legal safeguards.
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